Petition for Exemption from the Vehicle Theft Prevention Standard; Mercedes-Benz, 36545-36547 [E9-17557]

Download as PDF Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: erowe on DSK5CLS3C1PROD with NOTICES Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NASDAQ–2009–067 on the subject line. Number SR–NASDAQ–2009–067 and should be submitted on or before August 13, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–17530 Filed 7–22–09; 8:45 am] BILLING CODE 8010–01–P 15:01 Jul 22, 2009 Jkt 217001 [Public Notice 6707] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘The Moon: Houston, Tranquility Base here. The Eagle has landed.’’ Frm 00098 Fmt 4703 BILLING CODE 4710–05–P DEPARTMENT OF TRANSPORTATION Petition for Exemption from the Vehicle Theft Prevention Standard; Mercedes-Benz DEPARTMENT OF STATE PO 00000 Dated: July 14, 2009. C. Miller Crouch, Acting Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E9–17547 Filed 7–22–09; 8:45 am] National Highway Traffic Safety Administration SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. Paper Comments 2459), Executive Order 12047 of March • Send paper comments in triplicate 27, 1978, the Foreign Affairs Reform and to Elizabeth M. Murphy, Secretary, Restructuring Act of 1998 (112 Stat. Securities and Exchange Commission, 2681, et seq.; 22 U.S.C. 6501 note, et 100 F Street, NE., Washington, DC seq.), Delegation of Authority No. 234 of 20549–1090. October 1, 1999, Delegation of Authority All submissions should refer to File No. 236 of October 19, 1999, as Number SR–NASDAQ–2009–067. This amended, and Delegation of Authority file number should be included on the No. 257 of April 15, 2003 [68 FR 19875], subject line if e-mail is used. To help the I hereby determine that the objects to be Commission process and review your included in the exhibition ‘‘The Moon: comments more efficiently, please use Houston, Tranquility Base here. The only one method. The Commission will Eagle has landed,’’ imported from post all comments on the Commission’s abroad for temporary exhibition within Internet Web site (http://www.sec.gov/ the United States, are of cultural rules/sro.shtml). Copies of the significance. The objects are imported submission, all subsequent pursuant to loan agreements with the amendments, all written statements foreign owners or custodians. I also with respect to the proposed rule determine that the exhibition or display change that are filed with the of the exhibit objects at the Museum of Commission, and all written Fine Arts, Houston, TX, in celebration communications relating to the of the fortieth anniversary of the first proposed rule change between the men walking on the moon, from on or Commission and any person, other than about September 27, 2009, until on or those that may be withheld from the about January 10, 2010, and at possible public in accordance with the additional exhibitions or venues yet to provisions of 5 U.S.C. 552, will be be determined, is in the national available for inspection and copying in interest. Public Notice of these the Commission’s Public Reference Determinations is ordered to be Room, 100 F Street, NE., Washington, published in the Federal Register. DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. FOR FURTHER INFORMATION CONTACT: For further information, including a list of Copies of such filing also will be the exhibit objects, contact Carol B. available for inspection and copying at Epstein, Attorney-Adviser, Office of the the principal office of NASDAQ. All Legal Adviser, U.S. Department of State comments received will be posted (telephone: 202/453–8048). The address without change; the Commission does is U.S. Department of State, SA–44, 301 not edit personal identifying 4th Street, SW., Room 700, Washington, information from submissions. You DC 20547–0001. should submit only information that you wish to make available publicly. All 11 17 CFR 200.30–3(a)(12). submissions should refer to File VerDate Nov<24>2008 36545 Sfmt 4703 AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition for exemption. SUMMARY: This document grants in full the Mercedes-Benz USA, LLC.’s (MBUSA) petition for exemption of the SLK Class Line Chassis (SLK–Class) vehicle line in accordance with 49 CFR part 543, Exemption from the Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the partsmarking requirements of the Theft Prevention Standard (49 CFR part 541). DATES: The exemption granted by this notice is effective beginning with the 2010 model year. FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, W43–302, 1200 New Jersey Avenue, SE., Washington, DC 20590. Ms. Proctor’s phone number is (202) 366–0846. Her fax number is (202) 493–0073. SUPPLEMENTARY INFORMATION: In a petition dated June 19, 2009, MBUSA requested exemption from the partsmarking requirements of the theft prevention standard (49 CFR part 541) for the SLK–Class Line Chassis vehicle line, beginning with the 2010 model year. The petition has been filed pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention Standard, based on the installation of an antitheft device as standard equipment for an entire vehicle line. Under § 543.5(a), a manufacturer may petition NHTSA to grant an exemption for one vehicle line per model year. In its petition, MBUSA provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for the SLK–Class Chassis vehicle line. MBUSA stated that E:\FR\FM\23JYN1.SGM 23JYN1 erowe on DSK5CLS3C1PROD with NOTICES 36546 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices all SLK–Class Chassis vehicles will be equipped with a passive, transponderbased electronic immobilizer device and a locking system as standard equipment beginning with MY 2010. Features of the antitheft device will include an electronic transmitter key, a passive immobilizer system (FBS III) which includes an electronic ignition starter switch control unit (EIS) and an engine control unit (ECU). MBUSA stated that the transmitter key, the electronic ignition starter switch control unit and the engine control unit will work collectively to perform the immobilizer function. The immobilizer will prevent the engine from running unless a valid key is used in the ignition switch. Immobilization is activated when the key is removed from the ignition switch, whether the doors are open or closed. Once activated, a valid, coded-key must be inserted into the ignition switch to disable immobilization and permit the vehicle to start. The device also incorporates an access code-protected locking system. MBUSA stated that there is an encoded data exchange that occurs between the transmitter key and the central controller for the lock/unlock function of the locking system to be carried out. The unlocking signal from the remote key triggers a message to the vehicle’s central electronic control unit using a permanent and rolling code. Once the codes are verified and matched, the locking system unlocks the doors, tailgate and fuel filler cover. MBUSA stated that the device will not incorporate a visible and audible alarm. MBUSA’s submission is considered a complete petition as required by 49 CFR 543.7, in that it meets the general requirements contained in 543.5 and the specific content requirements of 543.6. In addressing the specific content requirements of 543.6, MBUSA provided information on the reliability and durability of its proposed device. To ensure reliability and durability of the device and to verify its ability to satisfactorily perform under extreme conditions, MBUSA conducted various tests based on its own specified standards. MBUSA provided a detailed list of the various tests conducted and believes that the device is reliable and durable since the device complied with its own specific test conditions. MBUSA also compared the device proposed for its vehicle line with other devices which NHTSA has determined to be as effective in reducing and deterring motor vehicle theft as would compliance with the parts-marking requirements. MBUSA stated that its proposed device is functionally equivalent to the systems used in the C– VerDate Nov<24>2008 15:01 Jul 22, 2009 Jkt 217001 Line Chassis, E–Line Chassis and S– Line Chassis vehicles which the agency has granted exemptions from the partsmarking requirements of the theft prevention standard. The theft rates using an average of three model years’ data (2005–2007) are 1.4366, 0.7416 and 1.5975 respectively. MBUSA concluded that the antitheft device for its SLK– Class Chassis vehicle line is no less effective than those devices in lines for which NHTSA has already granted full exemption. The agency agrees that the device is substantially similar to devices in other vehicle lines for which the agency has already granted exemptions. MBUSA informed the agency that the theft rate for the SLK–Class Chassis vehicle line decreased following installation of an immobilizer device in MY 2006. MBUSA stated that based on NHTSA’s theft rates from 2005 to 2006, the average theft rate of the SLK–Class Chassis vehicles without the immobilizer was 1.6489 (CY 2005) and 0.1484 after installation of the immobilizer device (CY 2006). MBUSA concluded that the data indicates that the immobilizer was effective in contributing to the theft rate reduction for its SLK–Class Chassis vehicles. MBUSA also stated that its overall experience with other vehicles indicates that low theft rates can also be expected from other vehicles equipped with immobilizer devices as standard equipment. In its petition, MBUSA compared the theft rates of the SLK– Class Chassis to its competitive lines before and after installation of a standard equipment immobilizer device. The data showed that theft rates for the Honda S2000, BMW Z4, Audi TT and the Porsche Boxster vehicle lines also decreased following installation of a standard equipment immobilizer device. Based on the evidence submitted by MBUSA, the agency believes that the antitheft device for the SLK–Class Chassis vehicle line is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541). Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants a petition for an exemption from the parts-marking requirements of part 541 either in whole or in part, if it determines that, based upon substantial evidence, the standard equipment antitheft device is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of part 541. The agency finds that MBUSA has provided adequate reasons for its belief that the antitheft device will reduce and PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 deter theft. This conclusion is based on the information MBUSA provided about its device. The agency concludes that the device will provide the four types of performance listed in § 543.6(a)(3): promoting activation; preventing defeat or circumvention of the device by unauthorized persons; preventing operation of the vehicle by unauthorized entrants; and ensuring the reliability and durability of the device. The agency agrees that the device is substantially similar to devices in other vehicle lines for which the agency has already granted exemptions. In addition, the theft rate has reduced since the installation of this device on the line. For the foregoing reasons, the agency hereby grants in full MBUSA’s petition for exemption for the vehicle line from the parts-marking requirements of 49 CFR part 541. The agency notes that 49 CFR part 541, Appendix A–1, identifies those lines that are exempted from the Theft Prevention Standard for a given model year. 49 CFR 543.7(f) contains publication requirements incident to the disposition of all Part 543 petitions. Advanced listing, including the release of future product nameplates, the beginning model year for which the petition is granted and a general description of the antitheft device is necessary in order to notify law enforcement agencies of new vehicle lines exempted from the parts-marking requirements of the Theft Prevention Standard. If MBUSA decides not to use the exemption for this line, it must formally notify the agency, and, thereafter, the line must be fully marked as required by 49 CFR parts 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA notes that if MBUSA wishes in the future to modify the device on which this exemption is based, the company may have to submit a petition to modify the exemption. Section 543.7(d) states that a Part 543 exemption applies only to vehicles that belong to a line exempted under this part and equipped with the anti-theft device on which the line’s exemption is based. Further, § 543.9(c)(2) provides for the submission of petitions ‘‘to modify an exemption to permit the use of an antitheft device similar to but differing from the one specified in that exemption.’’ The agency wishes to minimize the administrative burden that Part 543.9(c)(2) could place on exempted vehicle manufacturers and itself. The agency did not intend Part 543 to require the submission of a modification petition for every change to the E:\FR\FM\23JYN1.SGM 23JYN1 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices components or design of an antitheft device. The significance of many such changes could be de minimis. Therefore, NHTSA suggests that if the manufacturer contemplates making any changes the effects of which might be characterized as de minimis, it should consult the agency before preparing and submitting a petition to modify. Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E9–17557 Filed 7–22–09; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 1120–FSC and Schedule P (Form 1120–FSC) erowe on DSK5CLS3C1PROD with NOTICES AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 1120–FSC, U.S. Income Tax Return of a Foreign Sales Corporation, and Schedule P (Form 1120–FSC), Transfer Price or Commission. DATES: Written comments should be received on or before September 21, 2009 to be assured of consideration. ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Evelyn J. Mack, (202) 622–7381, at Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the Internet at Evelyn.J.Mack@irs.gov. SUPPLEMENTARY INFORMATION: Title: Form 1120–FSC, U.S. Income Tax Return of a Foreign Sales Corporation, and Schedule P (Form 1120–FSC), Transfer Price or Commission. VerDate Nov<24>2008 15:01 Jul 22, 2009 Jkt 217001 OMB Number: 1545–0935. Form Number: 1120–FSC and Schedule P (Form 1120–FSC). Abstract: Form 1120–FSC is filed by foreign corporations that have elected to be FSCs or small FSCs. The FSC uses Form 1120–FSC to report income and expenses and to figure its tax liability. IRS uses Form 1120–FSC and Schedule P (Form 1120–FSC) to determine whether the FSC has correctly reported its income and expenses and figured its tax liability correctly. Current Actions: There are no changes being made to the form at this time. Type of Review: Revision of a currently approved collection. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 30,000. Estimated Time Per Respondent: 165 hours, 37 minutes. Estimated Total Annual Burden Hours: 1,088,250. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 36547 Approved: July 15, 2009. R. Joseph Durbala, IRS Reports Clearance Officer. [FR Doc. E9–17472 Filed 7–22–09; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service [INTL–978–86] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing notice of proposed rulemaking, INTL–978–86, Information Reporting by Passport and Permanent Residence Applicants (§ 301.6039E–1(c)). DATES: Written comments should be received on or before September 21, 2009 to be assured of consideration. ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulations should be directed to Robert Kennedy at Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at (202) 622–3403, or through the Internet at (Robert.J.Kennedy@irs.gov). SUPPLEMENTARY INFORMATION: Title: Information Reporting by Passport and Permanent Residence Applicants. OMB Number: 1545–1359. Regulation Project Number: INTL– 978–86. Abstract: This regulation requires applicants for passports and permanent residence status to report certain tax information on the applications. The regulation is intended to enable the IRS to identify U.S. citizens who have not filed tax returns and permanent residents who have undisclosed sources of foreign income to notify such persons E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36545-36547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17557]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption from the Vehicle Theft Prevention 
Standard; Mercedes-Benz

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

-----------------------------------------------------------------------

SUMMARY: This document grants in full the Mercedes-Benz USA, LLC.'s 
(MBUSA) petition for exemption of the SLK Class Line Chassis (SLK-
Class) vehicle line in accordance with 49 CFR part 543, Exemption from 
the Theft Prevention Standard. This petition is granted because the 
agency has determined that the antitheft device to be placed on the 
line as standard equipment is likely to be as effective in reducing and 
deterring motor vehicle theft as compliance with the parts-marking 
requirements of the Theft Prevention Standard (49 CFR part 541).

DATES: The exemption granted by this notice is effective beginning with 
the 2010 model year.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-302, 1200 New Jersey Avenue, SE., Washington, DC 20590. 
Ms. Proctor's phone number is (202) 366-0846. Her fax number is (202) 
493-0073.

SUPPLEMENTARY INFORMATION: In a petition dated June 19, 2009, MBUSA 
requested exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR part 541) for the SLK-Class Line Chassis 
vehicle line, beginning with the 2010 model year. The petition has been 
filed pursuant to 49 CFR part 543, Exemption from Vehicle Theft 
Prevention Standard, based on the installation of an antitheft device 
as standard equipment for an entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant an 
exemption for one vehicle line per model year. In its petition, MBUSA 
provided a detailed description and diagram of the identity, design, 
and location of the components of the antitheft device for the SLK-
Class Chassis vehicle line. MBUSA stated that

[[Page 36546]]

all SLK-Class Chassis vehicles will be equipped with a passive, 
transponder-based electronic immobilizer device and a locking system as 
standard equipment beginning with MY 2010. Features of the antitheft 
device will include an electronic transmitter key, a passive 
immobilizer system (FBS III) which includes an electronic ignition 
starter switch control unit (EIS) and an engine control unit (ECU). 
MBUSA stated that the transmitter key, the electronic ignition starter 
switch control unit and the engine control unit will work collectively 
to perform the immobilizer function. The immobilizer will prevent the 
engine from running unless a valid key is used in the ignition switch. 
Immobilization is activated when the key is removed from the ignition 
switch, whether the doors are open or closed. Once activated, a valid, 
coded-key must be inserted into the ignition switch to disable 
immobilization and permit the vehicle to start.
    The device also incorporates an access code-protected locking 
system. MBUSA stated that there is an encoded data exchange that occurs 
between the transmitter key and the central controller for the lock/
unlock function of the locking system to be carried out. The unlocking 
signal from the remote key triggers a message to the vehicle's central 
electronic control unit using a permanent and rolling code. Once the 
codes are verified and matched, the locking system unlocks the doors, 
tailgate and fuel filler cover. MBUSA stated that the device will not 
incorporate a visible and audible alarm. MBUSA's submission is 
considered a complete petition as required by 49 CFR 543.7, in that it 
meets the general requirements contained in 543.5 and the specific 
content requirements of 543.6.
    In addressing the specific content requirements of 543.6, MBUSA 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device and to 
verify its ability to satisfactorily perform under extreme conditions, 
MBUSA conducted various tests based on its own specified standards. 
MBUSA provided a detailed list of the various tests conducted and 
believes that the device is reliable and durable since the device 
complied with its own specific test conditions.
    MBUSA also compared the device proposed for its vehicle line with 
other devices which NHTSA has determined to be as effective in reducing 
and deterring motor vehicle theft as would compliance with the parts-
marking requirements. MBUSA stated that its proposed device is 
functionally equivalent to the systems used in the C-Line Chassis, E-
Line Chassis and S-Line Chassis vehicles which the agency has granted 
exemptions from the parts-marking requirements of the theft prevention 
standard. The theft rates using an average of three model years' data 
(2005-2007) are 1.4366, 0.7416 and 1.5975 respectively. MBUSA concluded 
that the antitheft device for its SLK-Class Chassis vehicle line is no 
less effective than those devices in lines for which NHTSA has already 
granted full exemption. The agency agrees that the device is 
substantially similar to devices in other vehicle lines for which the 
agency has already granted exemptions.
    MBUSA informed the agency that the theft rate for the SLK-Class 
Chassis vehicle line decreased following installation of an immobilizer 
device in MY 2006. MBUSA stated that based on NHTSA's theft rates from 
2005 to 2006, the average theft rate of the SLK-Class Chassis vehicles 
without the immobilizer was 1.6489 (CY 2005) and 0.1484 after 
installation of the immobilizer device (CY 2006). MBUSA concluded that 
the data indicates that the immobilizer was effective in contributing 
to the theft rate reduction for its SLK-Class Chassis vehicles. MBUSA 
also stated that its overall experience with other vehicles indicates 
that low theft rates can also be expected from other vehicles equipped 
with immobilizer devices as standard equipment. In its petition, MBUSA 
compared the theft rates of the SLK-Class Chassis to its competitive 
lines before and after installation of a standard equipment immobilizer 
device. The data showed that theft rates for the Honda S2000, BMW Z4, 
Audi TT and the Porsche Boxster vehicle lines also decreased following 
installation of a standard equipment immobilizer device.
    Based on the evidence submitted by MBUSA, the agency believes that 
the antitheft device for the SLK-Class Chassis vehicle line is likely 
to be as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of the Theft Prevention 
Standard (49 CFR part 541).
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants 
a petition for an exemption from the parts-marking requirements of part 
541 either in whole or in part, if it determines that, based upon 
substantial evidence, the standard equipment antitheft device is likely 
to be as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of part 541. The agency 
finds that MBUSA has provided adequate reasons for its belief that the 
antitheft device will reduce and deter theft. This conclusion is based 
on the information MBUSA provided about its device.
    The agency concludes that the device will provide the four types of 
performance listed in Sec.  543.6(a)(3): promoting activation; 
preventing defeat or circumvention of the device by unauthorized 
persons; preventing operation of the vehicle by unauthorized entrants; 
and ensuring the reliability and durability of the device. The agency 
agrees that the device is substantially similar to devices in other 
vehicle lines for which the agency has already granted exemptions. In 
addition, the theft rate has reduced since the installation of this 
device on the line.
    For the foregoing reasons, the agency hereby grants in full MBUSA's 
petition for exemption for the vehicle line from the parts-marking 
requirements of 49 CFR part 541. The agency notes that 49 CFR part 541, 
Appendix A-1, identifies those lines that are exempted from the Theft 
Prevention Standard for a given model year. 49 CFR 543.7(f) contains 
publication requirements incident to the disposition of all Part 543 
petitions. Advanced listing, including the release of future product 
nameplates, the beginning model year for which the petition is granted 
and a general description of the antitheft device is necessary in order 
to notify law enforcement agencies of new vehicle lines exempted from 
the parts-marking requirements of the Theft Prevention Standard.
    If MBUSA decides not to use the exemption for this line, it must 
formally notify the agency, and, thereafter, the line must be fully 
marked as required by 49 CFR parts 541.5 and 541.6 (marking of major 
component parts and replacement parts).
    NHTSA notes that if MBUSA wishes in the future to modify the device 
on which this exemption is based, the company may have to submit a 
petition to modify the exemption. Section 543.7(d) states that a Part 
543 exemption applies only to vehicles that belong to a line exempted 
under this part and equipped with the anti-theft device on which the 
line's exemption is based. Further, Sec.  543.9(c)(2) provides for the 
submission of petitions ``to modify an exemption to permit the use of 
an antitheft device similar to but differing from the one specified in 
that exemption.''
    The agency wishes to minimize the administrative burden that Part 
543.9(c)(2) could place on exempted vehicle manufacturers and itself. 
The agency did not intend Part 543 to require the submission of a 
modification petition for every change to the

[[Page 36547]]

components or design of an antitheft device. The significance of many 
such changes could be de minimis. Therefore, NHTSA suggests that if the 
manufacturer contemplates making any changes the effects of which might 
be characterized as de minimis, it should consult the agency before 
preparing and submitting a petition to modify.

    Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 
1.50.

Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-17557 Filed 7-22-09; 8:45 am]
BILLING CODE 4910-59-P